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Re: Called A ''Terrorist'' By A T/O

Posted by trainsarefun on Sun Dec 9 09:57:33 2007, in response to Re: Called A ''Terrorist'' By A T/O, posted by Jeff Rosen on Sun Dec 9 07:56:26 2007.

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How did the motorman violate that law? Does the law state that it's against the law (thereby prosecutable) for an transit employee to ask one to stop taking pictures? If it is, is it a violation, misdemeaner, or felony?

Taking the allegations as the whole truth, there's not necessarily anything criminal alleged. But NYCT should nonetheless be concerned that this employee is perhaps exposing them to needless liability.

Also, I'm sure that NYCT, as many times as they've been sued for all sorts of things, has protocols in effect on who's in charge of enforcing relevant law; for very prudential reasons, train crews shouldn't be assigned to enforce photography regulations, even assuming, arguendo, that there was a violation of them in this case.

So putting aside the question of whether a criminal law provision was violated or not, it seems, realistically, that even if such provision(s) were, in fact, violated, then it's highly unlikely that prosecution would ensue. But there might well be a clear-cut violation of federal and state civil rights law in these allegations.

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